23 SEPTEMBER NEW ZEALAND GAZETTE 3207

Declaration of a Major Maritime Event

Pursuant to section 200A (1) (d) of the Maritime Transport Act 1994 and on the application of the Auckland Regional Council, I declare the America’s Cup Regatta 2000 to be an event to which section 200A of the Maritime Transport Act 1994 applies for the period 19 February 2000 to 9 March 2000 inclusive.

Designated Area

The designated area to which this declaration applies comprises the following areas of the Auckland Harbour—

America’s Cup Village area, being all those waters lying to the south of a line joining the northernmost ends of Wynyard Wharf and Princes Wharf;

Inner Harbour West area, being all those waters lying to the east of the Auckland Harbour Bridge and to the west of a line drawn between Point Resolution and the south eastern end of Devonport Wharf;

Inner Harbour East area, being all those waters bounded to the west by a line drawn between Point Resolution and the south eastern end of Devonport Wharf, to the south by number 8 and number 10 buoys, to the east by Bean Rocks Lighthouse and number 6 and number 4 buoys, and to the north by a line between number 4 and number 3 buoys, Rough Rock buoy and Takapuna head;

Race Track area, being all those waters bounded to the south by latitude 36° 46.7 S, to the west by the coastline of the North Shore, to the north by the coastline of the Whangaparaoa Peninsula extended to the southern tip of Tiri Tiri Matangi Island and thence to Shearer Rock, to the northern tip of Rakino Island and thence by a line from the northern tip of Rakino Island to Billy Goat Point and along the shoreline of Motutapu and Rangitoto Islands to join with latitude 36° 46.7 S.

Conditions and Requirements

The following conditions and requirements must be complied with in the designated area:

1. America’s Cup Village area—

(a) No vessel may exceed a speed of 5 knots unless the person operating the vessel has been authorised by the Auckland Regional Council Harbourmaster to exceed that speed for purpose of enforcing the provisions of this notice or exercising any power under section 200B (2) of the Maritime Transport Act 1994;

(b) No vessel may approach within 100 metres of vessels transferring fuels or chemicals at Wynyard Wharf;

(c) No vessel may enter the area or leave any berth in the area without first obtaining clearance from Viaduct Harbour Control on VHF Channel 73;

(d) All commercial vessels must transfer from the control of Ports of Auckland Limited to the control of Viaduct Harbour Control prior to entering the area;

(e) All commercial vessels leaving the area must transfer from the control of Viaduct Harbour Control to the control of Ports of Auckland Limited when those vessels reach the waters north of a line drawn between Wynyard Wharf and Hobson Wharf.

2. Inner Harbour West—

No vessel, except any vessel that is—

(a) used in a ferry operation that is registered by the Auckland Regional Council under section 49 of the Transport Services Licensing Act 1989; or

(b) using the express lane at the southern and eastern boundaries of the commercial shipping channel denoted on Auckland Harbour Chart S322,—

may exceed a speed of 10 knots.

3. Inner Harbour East—

(a) No vessel, except any vessel that is—

(i) used in a ferry operation that is registered by the Auckland Regional Council under section 49 of the Transport Services Licensing Act 1989; or

(ii) using the express lane at the southern and eastern boundaries of the commercial shipping channel denoted on Auckland Harbour Chart S322,—

may exceed a speed of 10 knots, provided that no vessel within 200 metres of any shore or structure or within 30 metres of another vessel may exceed 5 knots;

(b) The commercial shipping channel denoted on Auckland Harbour Chart S322 may only be used by—

(i) commercial shipping operations under the control or supervision of the marine services unit of Ports of Auckland Limited while in that channel; and

(ii) vessels specifically authorised by the Auckland Regional Council Harbourmaster to use that channel.

4. Race Track Area—

(a) Within this area, race courses will be established from day to day and will be publicly announced by the Auckland Regional Council at approximately 0730 hours each day;

(b) Normal navigation is permitted outside the race courses established under 4 (a);

(c) Only yachts formally registered to compete in the America’s Cup Regatta 2000, chase boats associated with those yachts, race course marking boats, and vessels used for enforcement purposes or for the purposes of the Regatta by umpires or marshals or America’s Cup 2000 Limited, are permitted to navigate within the race courses throughout the period of racing operations for the day, provided that, subject to 5 (a), other vessels accredited by America’s Cup 2000 Limited may navigate within the race courses;

(d) All vessels must be navigated in accordance with Maritime Rules, Part 22 – Collision Prevention.

5. The Auckland Regional Council may:

(a) determine, in accordance with this notice, which ships may enter the designated area; and

(b) for the purpose of protecting the safety of the public, specify and vary conditions for the day to day management and conduct of activities within the designated area, including varying the hours of racing, closing and opening the race course, and changing the race course; and

(c) order the abandonment of racing if, in the opinion of the Council’s Harbourmaster, adequate levels of public safety cannot be guaranteed, provided that consultation with the New Zealand Police, America’s Cup 2000 Limited, and Ports of Auckland Limited has first taken place.

6. On race days, the co-ordination and management of commercial shipping in Waitemata Harbour will be conducted jointly by the Auckland Regional Council’s Harbourmaster and the Marine Services Manager, Ports of Auckland Limited.